Has anyone ever had this concern?

[alwaysbze 0]

Hello,

It is Christmas Day and I am hoping that someone will be an elf or even Santa to me by offering their experience or advice.

I got married 20 years ago to a foreign man whom I had met here in the USA. He was a student. We got married, had a child, and the immigration process was so quick and easy that I barely even remember it.

We moved overseas and while leaving abroad we got divorced. The divorce decree is in Arabic, but I had it professionally translated. This was in 2006.

I then returned to America to start my life over. At one point I had tried calling the attorney general and other government agencies to ask them if I needed to do anything more with my divorce decree from abroad, but everyone kept passing me to the other and in the end I just did nothing. I seemed content that I didn't need to do anything further as no one had an answer.

Over a year ago I met someone new and we became best friends and then loves. This past summer I traveled overseas and we got married.

I just last week submitted the initial paperwork CR-1 for my new husband.

My ex husband is now back in America and is suddenly threatening me that he is going to file for child support for our 15 year old son! He wouldn't let me take him out of the Middle East and the US State Department said that they couldn't help me. He isn't working and knows that I have a good job. He doesn't know that I am remarried and if he did I know that he would try to make my life miserable from the jealousy.

Does anyone know if my divorce abroad was valid enough? Or will I find this out when they start the process for my new husband? I have searched high and low on the Internet and got no solid answer.

The stress and fear of my ex husband hurting me is already depressing me enough.

Thank you kindly!

[Boiler 45,662]

No particular reason a foreign divorce would not be valid.

Why would he not be entitled to child support?

What countries are involved. Sounds you made one trip and married your husband?

[NigeriaorBust 4,087]

Child support is rarely ( read almost never ) predated to before the filing of the case. So if he were to file today any judgment would normally be either from the court date or the filing date. How old is your child ?

[Boiler 45,662]

15

He may have a court order

[NigeriaorBust 4,087]

If he recently moved back to the US he would her to adjust the support. Most foreign governments people are responsible enough that support agreements are unheard of. I would countersue for interfering with my ability to see my child.

[alwaysbze 0]

Thanks everyone for your thoughts.

My biggest concern is if the divorce abroad is legal enough. Most people seem to think it is, but never got a straight answer by calling government agencies in my state to see if there was anything else I should do with it.

My ex husband is very controlling and if he got wind of me being remarried he would take revenge in any way that he could.

We never had a court order for child custody/support overseas. He simply took control of them and his family told me that I would never see the kids

again. I stayed in a horrible country for 10 years to be near them and once they got old enough I told them why I was leaving and that I would wait for

their return. My oldest two are adults now, but I have a 15 year old.

He bought a house with cash, worked one month in this year and was fired and is now enjoying using the system to get free everything. That is how he learned that he can have me pay child support for my 15 year old who was brainwashed to live in his dad's home. Since I just filed for my new husband I don't want to be involved in legal issues that could hurt me and my new husband's petition.

Thank you

[Boiler 45,662]

You have an obligation to support your child, not sure what age that ends, probably variee by State.

[Dave&Roza 748]

Assuming your ex is in the US legally, you will need to file for custody for your son and let the family court determine who gets custody and who ends up having to pay child support. Possible out comes are 1) he gets sole custody and you pay him child support, 2) joint custody, but you owe child support, 3) joint custody and he owes child support, 4( you get sole custody and no child supprt, or 5) you get custody and he pays child support. The child support will be until your son reaches the age of maturity which is typically 18. You son could petition the court for emancipation so he is an adult and then he decided where he lives and no one has to pay child supportt.

If you ex is not in the US legally, he may run from a court battle as his immigration staus would be brought up by your lawyer. Either way, you need to step up and deal with the issues of your child. It has no bearing on your curent immigration plans other than it will be stressful and cost a lotof money.

I would file for custody of you son in the court closest to your ex's home and prepare for a battle.

Good luck,

Dave

Edited December 26, 2014 by Dave&Roza

[raven52 233]

This CR-1, I-130 visa's are something, I am trying to learn more about. My thoughts and prayers are out to you, this Christmas Day.

As far as child support, I do not know your ex-husband, but "he is working the system" that has been created in this socialistic state, known as the USA. Child support runs until 18, maybe some states 21,.,.,.BUT, if he is a full time college student, then I am pretty sure, the support goes until 21 or maybe 22 years of age.

Depends on the state.

[Ryan H 3,812]

My biggest concern is if the divorce abroad is legal enough. Most people seem to think it is, but never got a straight answer by calling government agencies in my state to see if there was anything else I should do with it.

The divorce abroad is legal, period. The government agencies you spoke with probably aren't that well versed in applicable family law in other countries hence they weren't willing to give you an absolute answer.

[_Paul&Jesica_ 70]

Thanks everyone for your thoughts.

My biggest concern is if the divorce abroad is legal enough. Most people seem to think it is, but never got a straight answer by calling government agencies in my state to see if there was anything else I should do with it.

My ex husband is very controlling and if he got wind of me being remarried he would take revenge in any way that he could.

We never had a court order for child custody/support overseas. He simply took control of them and his family told me that I would never see the kids

again. I stayed in a horrible country for 10 years to be near them and once they got old enough I told them why I was leaving and that I would wait for

their return. My oldest two are adults now, but I have a 15 year old.

He bought a house with cash, worked one month in this year and was fired and is now enjoying using the system to get free everything. That is how he learned that he can have me pay child support for my 15 year old who was brainwashed to live in his dad's home. Since I just filed for my new husband I don't want to be involved in legal issues that could hurt me and my new husband's petition.

Thank you

Yes, you are obligated to pay child support for your 15 yr old son. However, you can now go to court and get a custody agreement as you are entitled to have, at a minimum, visitation. I don't know what state you are in, but you probably should speak with a good family law attorney as you need to protect your rights as a mother.

[NikLR 13,227]

I agree with Ryan, your divorce is legal. Also I agree that you should seek a family lawyer and try to get custody of your son now that he is here in the USA. I assume you obtained his CRBA if he was born abroad?

However you may owe back child support for the period you were not in his life.

None of this should affect your CR1 for your current husband.

[Cali&Safi 3]

If I may ask, was your divorce through the courts there? Do you have a final decree?

If your divorce is titled Irrevocable or Revocable divorce, USCIS will ask for a final decree.

You can always consult with an attorney who is familiar with oversea divorces and if its one of the two I mentioned up above, they will be able to inform you of the validity of it in the USA.

[alwaysbze 0]

Thank you everyone for your care, concern, and input! Appreciate it!